The applicants, charged with drug and firearm offences, brought a Charter motion alleging their s. 8 rights were violated by a search of a residence based on a warrant obtained using confidential informant information.
The court found that the redacted Information to Obtain (ITO) lacked sufficient credibility regarding the informants, resulting in a s. 8 breach.
However, applying the Grant framework, the court declined to exclude the seized evidence (fentanyl, cocaine, and a firearm) under s. 24(2), emphasizing society's strong interest in adjudicating serious offences on their merits.
